HITESH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this revision petition is made to the order passed by the learned Additional District and Sessions Judge (Fast Track) No. 1, Hanumangarh in Sessions Case No. 15/2009, by which the learned trial court allowed the application of the prosecution under Sec. 311 Crimial P.C. for resummoning the prosecution witness P.W.12 M.A. Jedi.

(2.) The background facts need to be noted in brief are as under. Petitioner is facing a trial for offence under Sec. 304-B and 306 IPC. The evidence of P.W.12 M.A. Jedi was recorded on 01.05.2005 and 11.06.2008. After completion of the trial, the matter was fixed for final arguments. During the course of the arguments, learned Public Prosecutor submitted an application under Sec. 311 Crimial P.C. to resummon the witness P.W.12 M.A. Jedi to prove certain facts which remained unproved during earlier examination of the said witness. The learned trial court allowed that application as indicated above.

(3.) Learned counsel for the petitioner contended that the order of the learned trial court cannot be maintained because no reason has been assigned to pass the impugned order. Moreover, it amounts to fill up the gaps of the prosecution evidence. Learned counsel for the petitioner also submitted that no such order can be passed in terms of Sec. 311 CrPC.